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(영문) 부산지방법원 2015.12.18 2014나43851

대여금

Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 737,00,000 and its amount shall be from July 26, 2012.

Reasons

1. Facts of recognition;

A. Under the Defendant’s name, the Busan Savings Bank (mutual savings bank, Busan Mutual Savings Bank, Inc., a company prior to the change; hereinafter “BF”) applied for a loan with the following contents, and each of the loans (hereinafter “each of the loans in this case”) occurred, including the first loans and the second loans listed below.

A loan 1: 20% per annum on June 28, 201, on the date of the agreement on the loan agreement for the comprehensive passbook loan for the subject of loan 2; 20% per annum 10% per annum on June 28, 2011, the amount of loan limit of 8.3 billion won on June 28, 2010; 8.4.2 billion won per annum on June 28, 2011;

B. The principal and interest of each of the instant loans are as follows as of July 25, 2012.

C. The Busan Savings Bank was declared bankrupt by the Busan District Court on August 16, 2012, and the Plaintiff was appointed from the above court as the bankruptcy trustee of the Busan Savings Bank.

[Based on the recognition] A.1 or 6 evidence, each entry (including a serial number, if any; hereinafter the same shall apply), the whole purport of the pleading (the defendant asserts that the evidence A.1 or 2 was forged, but each of the above evidence, as described in paragraph 2 below, was prepared by the defendant's vegetable title delegated by the defendant, and thus the defendant's above assertion cannot be accepted)

2. The plaintiff asserts that since the defendant directly concluded each of the loans of this case or delegated the defendant's authority to Dong-B, the defendant is obligated to pay to the plaintiff 70 million won of the principal and interest of each of the loans of this case and its delay damages.

If the seal imprinted by the seal imprint affixed on a document is affixed to the seal affixed on the document, barring any special circumstance, it shall be presumed that the authenticity of the seal imprint is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document is written, and once the authenticity of the seal is presumed to have been made, the former Civil Procedure Act shall be amended.

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